Shutdown Fairness Act
Summary
The Shutdown Fairness Act aims to provide appropriations for the pay and allowances of 'excepted' federal employees (including contractors and active duty military) during periods when interim or full-year appropriations are not in effect. It ensures these employees, who perform essential work during government shutdowns, receive their standard pay and benefits. The bill applies retroactively to September 30, 2025, and covers fiscal year 2026 and subsequent years.
Expected Effects
The Act would ensure that essential government services continue without interruption during funding lapses. It also provides financial security to federal employees and contractors required to work during shutdowns. This could reduce the negative impacts of government shutdowns on both government operations and individual livelihoods.
Potential Benefits
- Ensures timely payment for essential federal employees during government shutdowns.
- Reduces financial strain on affected employees and their families.
- Maintains continuity of critical government services.
- Provides clarity and consistency in compensation practices during funding gaps.
- Includes contractors and active duty military personnel, broadening the scope of protection.
Potential Disadvantages
- May incentivize Congress to delay or avoid reaching timely budget agreements.
- Could increase government spending if shutdowns become more frequent or prolonged.
- Potential for disputes over which employees are deemed 'excepted'.
- The Act appropriates funds out of any money in the Treasury not otherwise appropriated, which could impact other programs.
- The definition of 'excepted employee' relies on the Office of Personnel Management, potentially leading to bureaucratic discretion.
Constitutional Alignment
The Act appears to align with the constitutional principle of providing for the common welfare (Preamble). Article I, Section 9, Clause 7 states that 'No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law,' which this act addresses by providing a mechanism for appropriations during lapses. The Act does not appear to infringe on any specific constitutional rights or limitations.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).